Bloomberg Tax
July 29, 2020, 5:54 PMUpdated: July 29, 2020, 9:48 PM

Browning-Ferris Not Joint Employer of Union Workers: NLRB (1)

Robert Iafolla
Robert Iafolla

Browning-Ferris Industries isn’t jointly liable for workers it hired through a staffing firm, the National Labor Relations Board ruled in the case that sparked a multiyear saga over the legal test for joint employment under federal labor law.

The Obama-era standard that lowered the bar for proving a company was a joint employer—which was articulated in the NLRB’s 2015 decision in Browning-Ferris—shouldn’t have been applied to Browning-Ferris, the all-Republican labor board said in its decision Wednesday.

“Upon careful consideration, we find that retroactive application of any clarified variant of the new joint-employer standard in this case would be manifestly ...

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